Bishop v. Stewart
Nevada Supreme Court
Appeal from the District Court of the Sixth Judicial District, Eureka County, The facts are stated in the opinion. I. The verdict is contrary to, and unsupported by, the evidence, and is against law.
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Appeal from the District Court of the Sixth Judicial District, Eureka County, The facts are stated in the opinion. I. The verdict is contrary to, and unsupported by, the evidence, and is against law. The defendant is not liable, because if his promise be construed to pay his own debt to plaintiff out of the funds or goods of MeAvoy, or to pay McAvoy’s debt to plaintiffs out of McAvoy’s goods, there must be a sufficient existing consideration between the plaintiffs and MeAvoy on one side, and the defendant on the other. If MeAvoy had no title certainly the consideration failed. This must also…
1Opinion of the Court
*29By the Court,
Leonard, J.:
On and before the twenty-second day of November, 1875, one John McAvoy was indebted to respondents, who were copartners, in the sum of six hundred dollars, for barley and hay sold and delivered. On the thirtieth day of November, 1875, respondents commenced this action, and in addition to the above facts, alleged in their complaint that on the twenty-second day of November, 1875, McAvoy, above-named, sold and delivered to defendant certain teams, to wit: ten horses and their harness, and three wagons, for which defendant, at the same time and place, agreed with…
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